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Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

The European Union has passed Articles 11 and 13 of the Copyright Directive. How can this be reversed?

The European Parliament has voted in favour of Article 13, reports Wired:

European politicians have voted to pass Article 13 and Article 11 as part of sweeping changes to regulation around online copyright. The European Parliament passed the legislation by 348 votes to 274.

As Guido put it, “348 MEPs you’ve never heard of overruled 278 MEPs you’ve also probably never heard of. So much for all that democratic accountability Remainers like to go on about…”

Previous relevant posts:

Anyone know how the new EU internet censorship & link tax law will affect the UK? June 13 2018

Two days before the EU (probably) votes to end the free internet. Should we care? June 20 2018

EU votes yes to copyright reform, also June 20 2018

Those MEPs, eh? September 14 2018

And just to show that Samizdata has been warning of this for a long time (hey, at least Cassandra had the satisfaction of being right), here is a post from 2002: The European Copyright Directive.

If I have missed any posts that should be in that list, let me know.

So how does one repeal a bad EU law? As the politicians say, I am glad you asked me that. Let me direct you to yet another past post in which a denizen of Reddit Europe called Ask_Me_Who explains:

MEP’s can not create, amend, or reject proposals. They can act as a method of slowing them, requesting changes or rethinks of proposed policies, but if the other (unelected) parts of the EU want to force through a proposal they can just keep pushing it until it gets through in the knowledge that elected MEP’s will not have the power to propose future updates, changes, or abolition of legislation.

The European Commission only has to win once and it can never be repealed without the European Commission wishing it so.

What should we be doing while they make art?

Let’s be honest, the huge size of the People’s Vote demonstration and the huge number of signatories on the petition to revoke Article 50 are both very impressive. They show that millions of people want very strongly to remain in the European Union.

But of course they will have very little effect on whether Brexit actually happens or not. Don’t mistake me, I am seriously afraid that it will not happen – which will send a signal to every supporter of every cause, whether related to Brexit or not, that trying to gain their objectives by democratic means is pointless. However the million marchers and four million signers are not the reason for my fear. They are not doing anything significant to stop Brexit. They are performing for each other. We should rejoice that they thus distract each other from actions that might have more effect.

Why do I think these great manifestations of opposition to Brexit do so little to stop it? Because the people who can stop Brexit know that the marchers and signers can do and will do nothing for them. Those people are MPs, mostly but not entirely Conservative MPs.

Not one Conservative MP stands in danger of losing their seat because four million people who would never vote Tory anyway sign a petition. Quite a few Labour MPs do stand in danger of losing their seat because it is beginning to dawn on habitual Labour voters who voted for Leave in the referendum, who disproportionately live in marginal seats, that their victory in the referendum might be stolen from them. John McDonnell can work this out, and he can tell Jeremy Corbyn. This is why both of them were conspicuously absent from the People’s Vote march. Meanwhile I do find something ironic in all these “Revoke Article 50” petition-signers thinking that the government should do something just because a lot of people have said that they want it.

I said on the 18th that No Deal would be the best option for Theresa May. I am no longer sure that May will be in power long enough to get to choose her best option, but the same calculation applies to her successor as Conservative leader and (possibly interim) Prime Minister. As I said in that post, the most committed supporters of the Conservative party are exactly the group who want Brexit most. Their anger is to be feared by the people with whom power to stop Brexit rests. It is scant reassurance to worried Tory MPs to say that Tory Brexiteers are scarcely likely to vote for Corbyn the extreme left-winger or for the Europhile Liberal Democrats or Independent Group. In fact Tory Brexiteers don’t even have to vote for UKIP or Nigel Farage’s new Brexit party in order to punish Conservative MPs for failing to honour the referendum result. All they have to do is slack off. The Conservative party is desperately short of active members, particularly young active members who are physically capable of going house to house delivering leaflets and talking to potential voters.

Which brings me to the question I asked as the title of this post. I have thought of one suggestion for something Conservative Leavers can do to secure Brexit: tell your MPs and your local Party chairmen and chairwomen that the Tories had one job, as the meme goes, and if they cannot bring themselves to do that then you cannot bring yourself to pound the streets on the Party’s behalf in the coming General Election.

Note the mildness of this threat. That, I believe, is what makes it effective. It is literally no effort for you to carry it out. It is less effort than not carrying it out.

I know that many local Conservative Associations have been working to deselect overly pro-Remain MPs. I think it is too late for that strategy. Brexit does not need more formerly-Conservative Independent Group MPs, it needs scared Conservative MPs.

There is my suggestion. But it only applies to members of the Conservative party, which I’m not. I honestly wish I had joined months ago so I could credibly make this threat now.

I throw the question out to you, dear readers. During WWII Churchill used to write “Action this day” in his own hand on documents. What action can we take today that will make betrayal of the referendum result less likely? I do not exclude performative art of our own, such as this petition to honour the referendum result, but in the end such things do not apply any new incentives to those who have power. What would? What should we be doing?

Mr Frisby and the rats of IN

Guido gleefully points out that this song by Dominic Frisby is currently the second best selling album on Amazon music. Presumably he just means UK Amazon, but that is quite an achievement. I am getting automatically generated adverts for it. Yours for a quid! However please note before you serenade the street with your new purchase that it is a tad sweary. Honestly, there’s about seventeen million F*** O**s in it.

It will not be news to regular readers of Samizdata that Mr Frisby is both a respected financial writer and an entertainer so good that he can make it despite being an open libertarian. Brian Micklethwait (repeatedly), Johnathan Pearce, Patrick Crozier and Rob Fisher have all posted about him. My finally joining the club to say he has a nice voice and a cool hat is something of an anti-climax. But he does have both of those things. And I get the feeling he’s a sporting bloke who will forgive me for being the millionth-and-first person to make irrelevant mention of this book just because it has the name “Frisby” in it. I also recommend the book, which I loved as a child and now I come to think about it as an adult has an almost John Galt vibe to it.

The enforced prosperity inflicted upon Jean Sibelius by the government of Finland

I continue to be obsessed by the Seventh Symphony of Sibelius, after hearing it performed at a live concert. (In a comment on that posting, Nick M expressed admiration for how Karajan and the Berlin Philharmonic Orchestra performed this piece. I assume he meant this recording. Having listened to many recordings of Sibelius 7 recently, I find myself strongly agreeing with Nick M. (My surprise second favourite Sibelius 7 is, as of now, John Barbirolli and the Halle Orchestra. (But Karajan and the BPO are much better recorded.)))

While seeking to learn more about this amazing piece, I came across a delightful start to some writing about it by Paul Serotsky:

So often does adversity transmute talent into greatness that we seem to consider it a general rule. Sibelius would be an exception to prove that rule. While still only 32, the Finnish government awarded him a pension for life, a year before he even began work on his First Symphony. That he went on to produce some of the Twentieth Century’s finest and most original music says much for his strength of character in the face of enforced prosperity.

Much is made of the last few decades of Sibelius’s life and of how, during all that time, he composed nothing. But he was over ninety when he died, and sixty isn’t a ridiculous age at which to be retiring from the creative life. In general, his life is usually regarded as a case of a government arts subsidy scheme working out pretty well. As Serotsky says, Sibelius is exceptional in being so creative, after receiving a guaranteed minimum income. (Incidentally, I wonder if the government of Finland had its collective brain cells scrambled by what they surely saw as the success of their Sibelius experiment, and thus thought that a generalised version of the same scheme would be other than a dismal failure, that echoed the end of Sibelius’s life rather than his earlier creativity?)

Serotsky’s words remind me that I did a couple of other music-based postings here, quite a few years ago now, about how adversity can sometimes indeed transmute talent into greatness.

A book right out of the R. A. Heinlein tradition

Gregory Benford has a new book out, called Rewrite, and while I tend sometimes to be careful of pre-publication hype, this looks mighty promising and a good way for me to while away the hours as I fly to Hong Kong in a few days’ time. The author gets an interview in Wired magazine, proof that good things occasionally do appear in that publication, despite what appears to be its turn to eco-lefist nonsense in recent years.

I really enjoyed his novel, Timescape. Chiller, a book that features cryonics, is also good.

By the way, there is a Robert Heinlein Society, which runs a scholarship programme. I think the writer, former Navy officer, fencing expert and blood donor advocate would have approved.

Heinlein once wrote about The Crazy Years, a period in his early writings known as the Future History series. I am not the first person to wonder if our own era deserves that moniker, although with hindsight is it any nuttier than any other?

Dominic Cummings on how rational arguments don’t (but actually sometimes do) have consequences

I have finally got around to reading this notable blog posting by Dominic Cummings. I recently watched the Channel 4 DocuDrama about Brexit. This was fun to watch, but if you are a Brexiter like me, you might also want to read this denunciation of it. Upshot: I wanted to know what Cummings himself had to say.

And one of the things Cummings says, right near the beginning (this being as far as I’ve got so far) might well serve as the rationale for political blogging generally, and for Samizdata in particular:

I’ve learned over the years that ‘rational discussion’ accomplishes almost nothing in politics, particularly with people better educated than average. Most educated people are not set up to listen or change their minds about politics, however sensible they are in other fields. But I have also learned that when you say or write something, although it has roughly zero effect on powerful/prestigious people or the immediate course of any ‘debate’, you are throwing seeds into a wind and are often happily surprised.

It’s actually not complicated. People read things like Samizdata when they are making up their minds, or because they have made up their minds that Samizdata is right and like reading about how right they are. They make up their minds as intelligently as they can, but when they have made up their minds, their intelligence is then almost entirely applied to acting in accordance with whatever political principles they have made up their minds to follow, rather than in listening seriously to anyone who wants to explain why these principles are mistaken. Critics are only attended to in order themselves to be criticised.

Samizdata quote of the day

The logic of socialism is to look at someone in a wheelchair and punish the able-bodied by breaking their legs.

The Academic Agent, talking about The Problem with the BBC. The whole thing lasts just under ten minutes, and that little nugget comes about a minute before the end.

Thank you Instapundit.

Two stars from the Guardian

Here’s Lucy Mangan’s review of Brexit: The Uncivil War:

Brexit: The Uncivil War review – superficial, irresponsible TV

In an era besieged by misinformation, it was the duty of the makers of this Cumberbatch referendum drama not to add to the chaos. They did not succeed

And here’s the “inflatable boy” joke from the Vicar of Dibley.

Update: Four stars from the Times. The review by Carol Midgley is paywalled, but here it is without the boring bits:

Brexit without the boring bits is a blast

… James Graham’s drama was rollickingly good entertainment, in a heart-sinking “oh, but this is still our real-life car crash” kind of way.

It wasn’t really the story of the Leave and Remain campaigns, it was the story of DC — that’s Dominic Cummings, not David Cameron, who didn’t even merit a part, so boring and irrelevant did Graham consider him to be. Cummings, I imagine, will be pretty flattered by his portrayal, brilliantly done by Benedict Cumberbatch, save maybe for the balding forehead he donned to play him and the fact that Craig Oliver (Rory Kinnear) called him “an egotist with a wrecking ball” and a “f***ing arsehole”.

True, the political adviser was presented as unhinged (at one point he literally lay in the road with an ear to the ground), with sneering contempt for politicians. But he was also seen running rings intellectually around MPs and old-guard Brexiteers, basically delivering the Leave victory through vision and data mining to tap invisible voters. Oh and putting that £350 million for the NHS claim on the side of the bus. It wasn’t true but, hey, who cares in “war”, eh? It was he, evidently, who devised the “Take Back Control” slogan, inserting the word “back” after reading a parenting book next to his sleeping pregnant wife (this feels unlikely).

And did you notice that in neither Leave’s nor Remain’s campaign was there a single mention of the EU divorce bill or the Irish border? This was an accurate (and painful to many) reminder that while Leave bent the rules, Remain was complacent, lacklustre and fatally out of touch with a forgotten demographic.

If you want the non-fiction TV version, this talk by the real Dominic Cummings is it. And this post from Cummings’ own blog, later turned into a Spectator article, was probably the inspiration for the whole drama: On the referendum #21: Branching histories of the 2016 referendum and ‘the frogs before the storm’

Relentlessly mocking the SJWs

Blogger David Thompson suggests that his round-up of the year might be of interest to Samizdata’s readers.

His email to me quoted how this roundup begins:

The year began on a highbrow note as the University of Denver’s Professor Ryan Evely Gildersleeve informed the world that laziness is a “a political stance,” a way to “combat the neoliberal condition,” and a “tool for contributing to social justice.” Half-arsed incompetence is, we were assured, both radical and empowering. The professor also shared his belief that plastic is sentient. Inanimate objects also troubled Dr Jane Bone, a senior lecturer at Monash University, Melbourne, who specialises in “feminist post-structural perspectives” and the political implications of problematic furniture. Dr Bone’s research involves quite a lot of “embodied knowing,” i.e., visiting IKEA and sitting on chairs. Her work, she revealed, is “not necessarily logical.” Further feminist insights came via Phoebe Patey-Ferguson, whose feminist fight club is “a mode of resistance,” because the spectacle of unhappy ladies body-slamming each other and breaking each other’s ribs is an obvious way to “destroy the Conservative government” and “bring down the patriarchy.”

Thompson adds:

That’s January. There’s another eleven months to get through.

You can read all twelve months here.

This piece by Thompson has already been noticed by Instapundit, as have quite a few of his pieces in recent months.

Nico Metten on the we-dont-want-short-and-shitty-lives lobby

I like this:

… A lot of people have this strange idea that the only thing preventing us from going off fossil fuels is the oil lobby. But it is not the oil lobby that is doing that. It is the we-dont-want-short-and-shitty-lives lobby that is behind it. In other words it is all of us. …

This is from a piece by Nico Metten for Libertarian Home, published in October of this year. That I only just gave it any serious attention is because I have been having a breather from libertarian polemics, either written by others, or doing them myself. I still haven’t properly read through this one, but already I recommend it.

It’s not that I have been entirely ignoring Nico. He is a friend of mine, and this is a photo I took of him and some of his mates in the Blackheath Halls Orchestra, at a concert of music by Debussy and Sibelius that I attended in November. The Sibelius (Symphony No. 7) was particularly good:

Nico is the guy at the back who played those big drums. Some instrumentalists can hide in an orchestra. By which I mean that they can still do some damage, but without you knowing that it’s them doing it. But the man on the big drums cannot hide. Nico was very good.

The Libertarian Home piece quoted above is also remarkable for the scathing way that Nico writes about Germany and its government. Pioneers in badness basically, once upon a time, and still. But being a German himself, Nico is allowed to say such things.

A Poirot for our times

Sarah Phelps is the writer of The ABC Murders. This TV drama starring John Malkovitch is the BBC’s newest interpretation of the character Hercule Poirot, the Belgian detective created by Agatha Christie. Here she is – Ms Phelps, not Mrs Christie – talking about her creation:

“For a long time Britain was caught up in the wave of righteous sentimentality and sympathy for poor little plucky Belgium. Then the times start to pinch. It’s the Thirties. There’s less to go around. People start to be cruel. They want someone to blame and it’s really easy to blame the people who arrived. So he’s being scrutinised now. People are asking questions. ‘You make us look like halfwits and you’ve got a foreign accent.’ English police for English crimes.”

Are there parallels with Brexit Britain? Of course there are.

“I really wanted to think about who we were in that decade and who we are right now. How have we gone from the optimism, the look-at-us-we’re-brilliant spirit of 2012, from celebrating this glorious, inclusive, generous country, to suddenly this place? How quickly something toxic can take hold! When we talk of the nationalism roaring across Europe in the Thirties, we forgive ourselves and think, ‘Well, that never happened here.’ It did, and the language was very much the same as the language that has been developing in our politics over the last four or five years.”

It will indeed be a Poirot for the second half of 2018 and the first three months of 2019.

Recommendations rarely come much higher

Public Eye was made from 1965 to 1975 and contains adult themes, outdated attitudes and language which some viewers may find offensive.

– Warning message put up by Talking Pictures TV prior to its re-runs of the series. For those unfamiliar with Public Eye, think Colombo meets The Rockford Files in the English suburbs.